Read v Edmed [2004] EWHC 3274 (QB) (08 December 2004)

Read v Edmed [2004] EWHC 3274 (QB) (08 December 2004)

Where a claimant makes a valid Part 36 offer on liability which is refused and the court's judgment matches that offer, the claimant should, in the absence of special circumstances, be awarded indemnity costs and interest on those costs from the expiry of the offer, to ensure she is not out of pocket, even though...

Source-derived case information.

Citation
[2004] EWHC 3274
Parties
Claimant: Hetty Read; Defendant: Darren Edmed
Jurisdiction
England and Wales
Judgment Date
08 December 2004
Procedural Posture
Personal Injury Claim (road Traffic Accident) / Post Trial Ruling on Costs and Interest After Preliminary Issue of Liability Determined
Outcome
Claimant awarded standard costs to 18 August 2003 and indemnity costs thereafter, with 6% interest per annum on indemnity costs; no order on interest on damages at this stage.
Legal Topics
Costs, Part 36 Offers, Contributory Negligence, Interest on Costs, Indemnity Costs
Civil Procedure Personal Injury Costs Part 36 Offers Contributory Negligence Interest on Costs Indemnity Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hetty Read

Claimant

Darren Edmed

Defendant

Procedural Posture

Personal Injury Claim (road Traffic Accident) / Post Trial Ruling on Costs and Interest After Preliminary Issue of Liability Determined

Legal Issues

  1. 1 Whether CPR Part 36.21 applies where the judgment matches but does not exceed the claimant's Part 36 offer
  2. 2 Whether the claimant is entitled to indemnity costs and enhanced interest where the judgment matches her Part 36 offer
  3. 3 How the court should exercise its discretion on costs and interest in these circumstances

Ratio Decidendi

Where a claimant makes a valid Part 36 offer on liability which is refused and the court's judgment matches that offer, the claimant should, in the absence of special circumstances, be awarded indemnity costs and interest on those costs from the expiry of the offer, to ensure she is not out of pocket, even though CPR 36.21 does not strictly apply.

Court Disposition

Claimant awarded standard costs to 18 August 2003 and indemnity costs thereafter, with 6% interest per annum on indemnity costs; no order on interest on damages at this stage.

Orders

  • Defendant to pay claimant's standard costs of the liability issue to 18 August 2003.
  • Defendant to pay claimant's indemnity costs thereafter.